Kevin Vericker v. Norman Christopher Powell
The Florida Supreme Court resolved a certified conflict among district courts by holding that certiorari is not a proper vehicle to obtain immediate appellate review of a trial court order denying an Anti-SLAPP motion under section 768.295, because the statute does not confer immunity from suit and the burden of defending against a lawsuit—even a meritless one—does not constitute the irreparable harm required for certiorari jurisdiction. Simultaneously, the Court amended Florida Rule of Appellate Procedure 9.130(a)(3) to add denial of qualifying Anti-SLAPP motions as a new category of appealable nonfinal orders, providing the interlocutory review pathway that the statute's expeditious-disposal purpose demands. Civil practitioners must now use a Rule 9.130 interlocutory appeal, not a certiorari petition, to challenge a denied Anti-SLAPP motion before final judgment.
Key facts
- Kevin Vericker published a blog ('North Bay Village Reality Based Community') containing posts questioning the credentials, character, and competency of Norman Christopher Powell, the attorney appointed for North Bay Village.
- Powell filed a single-count defamation per se lawsuit against Vericker, and after discovery, Vericker filed a combined motion labeled as both a 'motion for summary judgment' and an 'anti-SLAPP motion,' arguing Powell was a public-official plaintiff who could not prove actual malice.
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Holdings
- Certiorari jurisdiction requires irreparable harm—material injury for the remainder of the case that cannot be corrected on postjudgment appeal. Defending against a lawsuit, even a…
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